Boughton and Dunkirk Neighbourhood Plan Strategic Environmental Assessment & Habitat Regulations Assessment Screening Report May 2021 Contents 1. Introduction .............................................................................................................................................. 1 Purpose of Report ......................................................................................................................................... 1 2. Legislative Background ............................................................................................................................. 1 Strategic Environmental Assessment (SEA) ................................................................................................. 1 Habitat Regulation Assessment (HRA) ......................................................................................................... 2 3. Swale Local Plan ........................................................................................................................................ 2 4. Boughton and Dunkirk Neighbourhood Plan Proposed Submission Version ......................................... 3 5. Environmental Assets in Proximity to the Neighbourhood Plan Area .................................................... 3 6. SEA Assessment ........................................................................................................................................ 6 Assessment ............................................................................................................................................... 6 SEA Screening Outcome .............................................................................................................................. 14 7. HRA Screening ......................................................................................................................................... 14 Relevant European sites ............................................................................................................................. 14 In combination effects ................................................................................................................................ 15 Screening/Assessment Outcome ............................................................................................................... 18 8. Conclusions and Recommendations ...................................................................................................... 18 SEA ............................................................................................................................................................... 18 HRA .............................................................................................................................................................. 18 9. Determination ......................................................................................................................................... 18 Appendix 1: Boughton and Dunkirk Neighbourhood Plan Area ...................................................................... 20 Appendix 2: Land at Colonel’s Lane (Policy H2) .............................................................................................. 21 Appendix 3: Environmental Assets .................................................................................................................. 22 Appendix 4: Statutory Body Responses ........................................................................................................... 24 Strategic Environmental Assessment & Habitat Regulations Assessment Screening Report for Boughton and Dunkirk Neighbourhood Plan 1. Introduction Purpose of Report 1.1. For a Neighbourhood Plan to proceed to referendum it must meet the Basic Conditions, one of which is that it does not breach EU obligations. Therefore, the purpose of the screening report is to determine whether or not the emerging Boughton and Dunkirk Neighbourhood Plan (BDNP) requires a Strategic Environmental Assessment (SEA) in accordance with the European Directive 2001/42/EC and associated Environmental Assessment of Plans and Programmes Regulations 2004. 1.2. The report will also screen whether the BDNP requires a Habitat Regulations Assessment (HRA). A HRA is required if it is deemed that likely adverse significant effects may occur on protected European Sites (also known as Natura 2000 sites and Habitats Sites1), as a result of the implementation of a plan or project. 1.3. The legislative background is referred to in Section 2 which outlines the regulations that require the need for this screening report. The report is split into two parts. The first part will cover the screening for the SEA and the second the screening process for the HRA. Section 6, provides a screening assessment for both establishing the need for a SEA and the criteria for determining the likely significant environmental effects of the BDNP on the environment. Section 7, provides a screening assessment for the BDNP of both likely significant effects on the implementation of the BNDP and the need for a Habitat Regulations Assessment. A summary of the findings and conclusions for both screening processes can be found in Section 8. The Council must consult with the three statutory bodies (Historic England, Environment Agency and Natural England) and take their views into account before issuing a screening determination; this is set out in Section 9. 2. Legislative Background Strategic Environmental Assessment (SEA) 2.1. The basis for Strategic Environmental Assessments and Sustainability Appraisal legislation is European Directive 2001/42/EC and was transposed into English law by the Environmental Assessment of Plans and Programmes Regulations 2004, or SEA Regulations2. Detailed guidance of these regulations can be found in the Government publication ‘A Practical Guide to the Strategic Environmental Assessment Directive’ (ODPM 2005)3. 2.2. Section 19 of the Planning and Compulsory Purchase Act 2004 requires local planning authorities to carry out a sustainability appraisal (SA) for any documents that can form part of a local plan. It is considered best practice for the SA to incorporate the requirements of the SEA. There is no legal requirement for a neighbourhood plan to have a sustainability appraisal. However, a qualifying body must demonstrate how its plan will contribute to achieving sustainable development. 2.3. However, one of the basic conditions that will need to be tested by the independent examiner is whether the making of a neighbourhood plan is compatible with European Union obligations (including under the SEA Directive). Where appropriate, therefore, an SEA assessment of a neighbourhood plan may still need to be undertaken in line with the SEA regulations, although this would usually only be where it could have significant environmental effects4. Examples of where there may be such effects include, as set out in national Planning Practice Guidance, where a neighbourhood plan allocates sites for development, the neighbourhood area contains sensitive 1 National Planning Policy Framework (NPPF), 2019 2 The UK left the EU on 31st January 2020. The SEA Regulations, which previously implemented the requirements of the SEA Directive in England, will continue to apply as before unless and until new legislation is introduced. 3 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7657/practicalguidesea.pdf 4 Paragraph: 001 Reference ID: 11-001-20190722, Planning Practice Guidance (Strategic environmental assessment and sustainability appraisal) 1 natural or heritage assets that may be affected by proposals in the plan or the neighbourhood plan is likely to have significant environmental effects that have not already been considered and deal with through a SA of the local/strategic policies of the area5. 2.4. To fulfil the legal requirement, this report focuses on screening for a SEA and the criteria for establishing whether a full assessment is needed. Habitat Regulation Assessment (HRA) 2.5. In addition to those set out in primary legislation, Regulation 32 and Schedule 2 of the Neighbourhood Planning Regulations 2012 (as amended) sets out an additional basic condition to be met in relation to the EU Habitats Directive. 2.6. It is required by article 6(3) of the EU Habitats Directive and by regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended) that any plan or project likely to have a significant effect on a European site must be subject to an appropriate assessment. To fulfil the legal requirements to identify if likely significant effects will occur with the implementation of BDNP upon European Sites, a screening assessment has been undertaken. 2.7. In line with the Court judgement (CJEU People over Wind v Coillte Teoranta C-323/17) mitigation measures cannot be taken into account when carrying out as screening assessment to decide whether a plan or project is likely to result in significant effects on a European Site. 3. Swale Local Plan 3.1. The Localism Act (2011) requires that Neighbourhood Plans must be in general conformity with the strategic policies of the Local Plan. The Swale Local Plan (Bearing Fruits 2031) (SLP) was adopted in July 2017. The Local Plan is currently being reviewed with a Regulation 19 consultation on a pre- submission version of the Plan being undertaken between February and April 2021. It is expected that the reviewed Local Plan will be adopted in 2022/23.